Sayed Afak Pasha vs Smt.Sardarbi W/O Sirajoddin ...
2022 Latest Caselaw 2438 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

      DATED THIS THE 15TH DAY OF FEBRUARY, 2022

                           PRESENT

     THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

                             AND

          THE HON'BLE MR. JUSTICE S. RACHAIAH

                    RFA NO.100240/2019

BETWEEN:
SAYED AFAK PASHA,
S/O. SAYED ISSA SAHEB PEERZADE,
AGE 57 YEARS, OCC: AGRICULTURE,
R/O. BEHIND ALLAUDDIN SHA KHADRI DARGA,
BANKAPUR, TQ. SHIGGAON, DIST. HAVERI.

                                                  .. APPELLANT

(SRI. J.S.SHETTY, ADVOCATE FOR APPELLANT)

AND:

1.      SMT. SARDARBI W/O. SIRAJODDIN LASHKARI,
        AGE 71 YEARS, OCC: HOUSEHOLD,
        R/O. KUDACHI, TQ. RAIBAG,
        DIST. BELGAUM.

2.      SMT. RUKSANA W/O. SAYED AFROZ BUKHARI,
        AGE 63 YEARS, OCC: HOUSEHOLD,
        R/O. MIRAJ, TQ. MIRAJ, DIST. SANGLI.

3.      REHANA W/O. IMTIYAZ BASHA PATIL,
        AGE 61 YEARS, OCC: HOUSEHOLD,
        R/O. ALAS, TQ. SHIROL, DIST. KOLHAPUR.
                                             RFA No.100240/2019


                            2


4.   SAYED SARWAR PASHA,
     S/O. SAYED ISSA SAHEB PEERZADE,
     AGE 71 YEARS, OCC: AGRICULTURE,
     R/O. HANGAL (MAHALWALE), TQ. HANGAL,
     DIST. HAVERI.

5.   SAYED ZAKIR PASHA,
     S/O. SAYED ISSA SAHEB PEERZADE,
     AGE 66 YEARS, OCC: AGRICULTURE,
     R/O. HANGAL (AMAHALWALE), TQ. HANGAL,
     DIST. HAVERI.

                                            .. RESPONDENTS

(SRI. S.N.BANAKAR, ADVOCATE FOR R1 TO R5)

      THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 01.04.2019 PASSED IN
O.S.NO.161/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, HANGAL, DECREEING THE
SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.

     THIS APPEAL COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY,
DR.H.B.PRABHAKARA SASTRY J., PASSED THE FOLLOWING:


                          ORDER

Learned counsel for the appellant is physically

present in the Court and has filed a memo for disposal

of this appeal, as settled out of Court.

2. Learned counsel for the appellant makes

supporting submission on the lines of the memo.

RFA No.100240/2019

3. In view of the memo filed not pressing the

appeal and the supporting submission, the appeal stands

disposed of, as not pressed.

4. In view of the disposal of the appeal as

aforesaid, the pending I.A. does not survive for

consideration. Accordingly, the same is dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

*Svh/-

L-1, Sl.No.6